Allahabad Court March 2004 Judgments
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Deo Kumar Verma and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-16-2004
Reported in: (2004)2UPLBEC1754
Rakesh Tiwari, J. 1. Heard learned Counsel for the parties and perused the record.2. Brief facts of the case, giving rise to this writ petition, are that an advertisement for appointments on the post of Constable (M) was published in 'Dainik Jagran' dated 7.6.2003 for filling up the back-log vacancies of the post. The petitioners also applied for the post and after qualifying the written examination they were called for interview on 6.8.2003, which was held on 9.8.2003. The petitioners allege that they were selected and were asked to appear before the Chief Medical Officer, Banda for medical examination vide letters dated 26.8.2003 (Annexures 1 and 2 to the writ petition) sent by the Superintendent of Police, Banda. In pursuance of this letter the petitioners appeared before the Chief Medical Officer, Banda who issued the medical fitness certificates contained in Annexures 3 and 4 to the writ petition. In the said letter of the Superintendent of Police, Banda dated 26.8.2003 Police ver...
Kanpur Electricity Supply Company and anr. Vs. Presiding Officer, Indu ...
Court: Allahabad
Decided on: Mar-16-2004
Reported in: 2004(3)AWC2424; [2004(101)FLR1179]; (2004)2UPLBEC2097
Rakesh Tiwari, J. 1. Heard counsel for the parties and perused the record.2. These are the five writ petitions challenging the award of the labour court in which common question of law and facts are involved hence are being decided by a common judgment in Civil Misc. Writ Petition No. 53647 of 2000.3. The Kanpur Electricity Supply Administration was constituted under the U.P. Transfer of K.E.S.A. Zone Electricity District Undertaking Scheme, 2000. It is incorporated under the Companies Act, 1956 and is hereinafter called K.E.S.A. The respondents workmen raised an industrial dispute on 10.12.1991, regarding termination of their services from dates mentioned in order of reference. The State made reference of the dispute to Industrial Tribunal-IIIrd, U. P. Kanpur, where it was registered as Adjudication Case No. 305 of 1991. The dispute referred is as under :'Kya sevayojkon dwara sanlagn parishishtha mey ankit 28 chhatnishuda coolie shramikon ko punah seva mey na liya jana anuchit avam av...
Devi Prasad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-16-2004
Reported in: (2004)2UPLBEC2083
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.2. The aforesaid writ petition is preferred against the order dated 27.8.2003 passed by respondent No. 2, Maha Nideshak, Chikitsa Evam Swasthya Sewayen, U.P., Lucknow. By the aforesaid order the order of transfer dated 14.6.2003 has been cancelled.3. The petitioner was appointed as Optometrist. It is alleged that vide order dated 14.6.2003 respondent No. 2 transferred the petitioner to District Hospital, Mirzapur and respondent No. 6 Dukharan was transferred from District Hospital, Mirzapur in place of the petitioner at Primary Health Centre, Chilh, Mirzapur directing them to join in their respective place of posting forthwith. In pursuance of the order dated 13/30.7.2003 the petitioner was relieved from Primary Health Centre, Chilh, Mirzapur and joined his place of posting.4. It is further alleged that respondent No. 6 had been working in the District Hospital, Mirzapur for about 17 years and was engaged in vario...
Raju Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-16-2004
Reported in: (2004)2UPLBEC2086
Rakesh Tiwari, J. 1. Heard Counsel for the parties and perused the record.2. The petitioner was appointed on Class IV posts of Orderly, in the office of District Panchayat Raj Adhikari. The petitioner claims himself to be a Scheduled Caste person. An application was moved by the wife of the petitioner before the respondent No. 3 on 2.1.2003 for promotion according to GO dated 25.4.1977. She also moved a representation on 1.8.2003 before respondent No. 2 inter alia that her husband has been in service for about 10 years and has passed 'Uttar Madhyama' in 1998-99 from Sampurna Nand University hence qualified for promotion.3. It is submitted that 'Uttar Madhyama' is equivalent to Intermediate. According to GO dated 21.8.1976, those employees who were less than 45 years of age and have passed High School or equivalent qualification shall be given promotion by reservation of 10% of the post. For ready reference the GO is quoted below :la[;k 37@1@1969&dkfeZd;&2izs'kd]Jh vfuydqekj]lfpo]mkjizn...
Munshi Singh Vs. the State
Court: Allahabad
Decided on: Mar-16-2004
Reported in: 2004CriLJ2975
Vishnu Sahai, J.1. Through this appeal, appellant Munshi Singh challenges the judgment and order dated 31-1-1997 passed by the Sessions Judge, Unnao in Sessions Trial No. 169 of 1990, whereby he has been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 302, IPC.2. Shortly stated, the prosecution case runs as under :--The informant Shree Krishna PW. 1 is the real brother of the deceased Ram Pal. At the time of the incident, the informant, his brother Ram Narain P.W. 2, the deceased and the appellant were living in village Maswasi, within the limits of Police Station Kotwali, in District Unnao. About eight days prior to the incident, at about 6.00 p.m. when Jasti Devi, the wife of the deceased, had gone to answer the call of nature in the field appellant Munshi Singh had teased her. Jasti Devi complained about this to the family members. Thereupon, her husband Ram Pal complained about the appellant's conduct to his elder brother Naurang Si...
Arvind Kumar Sharma Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Mar-16-2004
Reported in: [2004(101)FLR631]; (2004)2UPLBEC2088
D.P. Singh, J.1. Pleadings are complete and the Counsel for the parties agree that the petition may be disposed off finally under the Rules of the Court.2. Heard Counsel for the parties.3. This petition is directed against an order dated 29.12.1999 by which payment of salary to the petitioner for the post of Assistant Teacher has been refused.4. Sri Garg Inter College, Itaura, Firozabad is a duly recognized Intermediate College receiving grant-in-aid from the State Government and is covered by U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. Sri Siya Ram Sharma, father of the petitioner, was a permanent teacher in the LT Grade in the aforesaid institution, he took medical leave for six moths with effect from 3.9.1997 and in the resultant short term vacancy the petitioner was allegedly appointed by an order dated 3.9.1997. However, the District Inspector of Schools vide his order dated 22.1.1998 refused to grant financial appro...
Raghu Raj Shukla and ors. Vs. Iind Additional District Judge and ors.
Court: Allahabad
Decided on: Mar-16-2004
Reported in: 2004(4)AWC3413
Devi Prasad Singh, J.1. Heard Shri R. S. Pandey learned counsel for the petitioner and Shri U. S. Sahat holding brief of Shri H. S, Sahai.2. The present writ petition has been filed against the impugned orders passed by the courts below in a proceeding under Order IX, Rule 9 of the Code of Civil Procedure.3. The controversy in short is as under :(1) Petitioner has filed a suit for permanent Injunction relating to an abadi land which was registered as regular Suit No. 216 of 1977. During the proceedings in the trial court an application was moved by the plaintiff for appointment of survey commission on 20.2.1982, since there was an issue as to whether land in question was the part of Plot No. 823. On 1.4.1982, the said application for appointment of survey commission was rejected by the trial court. When the learned presiding officer of the trial court has asked the learned counsel for the plaintiff to argue the matter and adduce the evidence so that he may proceed further, the learned ...
Smt. Chandrawati Pathak and ors. Vs. Nagar Palika Parishad and anr.
Court: Allahabad
Decided on: Mar-16-2004
Reported in: 2004(4)AWC3602
ORDERS.N. Srivastava, J.1. Present second appeal has its genesis in appellate judgment dated 8.12.2003 passed in Civil Appeal No. 70 of 2000, which stemmed from judgment and decree dated 17.3.2001 rendered in Original Suit No. 276 of 1982.2. From a perusal of the record it would transpire that the* appellant In the instant appeal who had his sweetmeat shop in Camperganj locality on the basis of licence issued on 31.10.1965 pursuant to resolution No. 137 passed by the then Nagar Palika Parishad Rai Bareilly, had instituted a suit for the relief of permanent injunction against notice issued to the appellant thereby notifying recession of licence. The suit having been dismissed, the petitioner preferred appeal which also ended up in dismissal and consequently the appellant has preferred the instant second appeal impugning the decisions of the aforesaid courts below.3. The learned counsel representing the appellants pressed into service certain points ostensibly of legal niceties and urged...
Vishambhar Nath Ravindra Kumar Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Mar-16-2004
Reported in: (2007)11VST29(All)
Prakash Krishna, J.1. This revision is directed against the order dated July 8, 1991 passed by the Trade Tax Tribunal, Agra, in Appeal No. 487 of 1987 for the assessment year 1982-83.The applicant is a partnership firm and engaged in the business of foodgrains and oil-seeds. For the assessment year 1982-83 the applicant disclosed his taxable sale at Rs. 4,46,527.74 and the taxable purchase at Rs. 27,491.16. The Sales Tax Officer determined the taxable turnover at Rs. 6,19,210.62 and imposed tax of Rs. 24,768.42 after rejecting the books of account on the basis of survey conducted at another dealer's place, namely, M/s. Chakko Atta Chakki and loss of one form XXXI. This order was confirmed by the first appellate authority and with a slight modification by the Tribunal. The Tribunal has maintained rejecting of books of account but has reduced the turnover.2. Heard learned Counsel for the parties and perused the record.The applicant, as it was contended before the authorities below, submi...
Plot Holders Association and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-15-2004
Reported in: 2004(2)AWC1801
M. Katju, J. 1. These writ petitions are being disposed of by a common judgment.2. Heard learned counsel for the parties.3. The Writ. Petition No. 10531 of 2003 has been filed for a writ of certiorari to quash the impugned notifications dated 11.6.1986 and 16.6.1986 issued under Sections 4 and 6 of the Land Acquisition Act as well as the notice dated 9.12.2002 and the possession certificate dated 6.2.2003. The petitioners have prayed that they should not be dispossessed from the land in dispute. True copies of the notification under Sections 4 and 6 are Annexures-1 and 2 to the writ petition.4. The petitioner No. 1 claims to be an association registered under the Societies Registration Act having 110 members on its roll. It is stated that the object of the Society is to develop the land and promote construction of house and look after their interest. In para 3 of the petition it is alleged that the members of the petitioner Society have purchased pieces of land out of Khasra No. 195 si...
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